Child support means paying an ongoing amount for the betterment of a child after a divorce or separation of relationship. A divorce means to be separated from one another. This also includes the separation of children from one of the parents. The parent who gets the legal order of childcare gets allowances from the other parent until the child’s maturity.
So, child support is a necessity for the upbringing of a child after separation of parents. Therefore, it is beneficial to know how to apply for child support if you are going through a divorce case with a child in between you and your spouse.
Applying for child support
Child support is an essential part of marriage separation. The biological parent is entitled to support the child according to the parent’s income and the need of the child. As a result, the legal guardian must know how to apply for child support.
You can apply for child support online or in person. Both the procedure requires similar steps for you to follow. There are specific documents that you must provide.
When you are applying online, you can do everything sitting at home. Once you go to the designated websites, you will see all the information and the application form. Moreover, there will be an option to upload all the necessary documents. All you need is the pre-scanned versions of the papers. You should expect to spend at least 30 to 45 minutes for the process.
Applying in person is almost similar. Instead of uploading the documents and the application form, you will have to physically submit the form and required documents to the service provider.
The detailed steps to apply for child support is discussed in the following sections.
Information you need to provide for the application
Below are some of the information that you will have to provide properly and correctly to apply for child support.
You and your spouse’s information
Both you and your spouse will have to provide your birth date, current address, and telephone number. In addition, you will also have to give information on your social and driving license number.
Information about the child
The child’s first and last name and birth date is a must and common information to provide. You will also have to include the child’s birth location, name of at least one parent, and with whom the child living at the time of application.
If you are not a legal guardian, you will have to provide information about your relationship with the child and with the parents of the child. Moreover, your marital condition, financial capabilities, lawyer information, and any of your relative’s information may also be asked to provide by the court.
Steps of applying for child support
Step 1: Gather the necessary documents
Applying for child support requires specific documents from the parents’ sides. The court asks for documents to verify the claim and application. You will have to fulfil the court and legal requirements through the documents you provide.
These documents will act as proof of your eligibility as a legal guardian and entitlement to child support. The list of documents are as follows:
A complete tax return of the past 3 years of your employment to ensure that you are capable of taking care of the child. As a result, the legal guardianship will ensure child support along with it.
Along with tax return, you will also need a notice of assessment. This notice will include your tax status for the past 3 years before the application.
The court will ask for proof of your current year’s income. This means that you will have to show some form of paper to ensure that you are an earning member of society. The proof can be provided through the income tax of any month from the year of application.
Finally, the court requires what kind of spending you do regularly. This means to provide receipts if possible. Sometimes, the court accepts your utility bills as well.
Step 2: Fill out the application form
The application form comes in different variations depending on the situation of your married life. There are two main variations.
Unmarried or divorce has not started yet
If the person applying for child support is unmarried or yet to go through the legal procedures of separation, then there are 3 application forms that the person needs to fill out. This also depends on 2 situations.
Firstly, a candidate living inside the state of the application needs to fill out 3 forms. These forms are:
- A form of a legal claim for child support under the Family Law Act
- A form of statement for child support
- And, an affidavit of the service applied for by the applicant
However, applicants living outside the application territory need to check whether they live in a reciprocating jurisdiction. If they do, applicants must submit an inter-jurisdictional support order application.
If they do not live in a reciprocating jurisdiction, they will have to contact a lawyer in that country. The lawyer will assist in filing a claim with the court in the country where the other parent lives.
Divorce in progress
If you are going through an ongoing divorce case, you will just have to fill out 2 forms. The process of form filling is easier in this situation as the separation process is ongoing, thereby, the child will need a legal guardian with child support. The 2 application forms are:
- An application form for the child support
- A disclosure statement form
- Request for financial information
You can also ask for the other parent’s financial information while applying for child support. You will need to fill out 2 forms here as well depending on where you are applying.
If the case is going to be conducted in the Provincial Court, you will have to fill out the “Request for Financial Information” form.
If your case is going on in the Court of Queen’s Bench, you must fill out and submit the “Notice to Disclose Application” form.
Step 3: File the claim of child support
The final step of the application process is to file your claim. You are recommended to appear in the court and location where you have already undertaken any legal manner with your spouse.
Besides this, you can also select a court and location where you started court action, but the activity did not go the court.
The process of separation can be really heavy on a child’s mind. Whoever gets the legal guardianship must take good care of the child. The child must get total support from both the parents even after their divorce.
Child support provides that option for the non-legal guardian to support the child properly. The knowledge of how to apply for child support will keep the legal parent one step ahead in claiming appropriate monetary aid.